What Happens If You Accidentally Hit a Motorcyclist With Your Car?

WHAT CAUSES A DRIVER TO ACCIDENTALLY HIT A MOTORCYCLIST?

According to the National Safety Council, 56% of motorcycle fatalities involved two vehicles.

While crashes occur for a variety of reasons, the most common cause is motorists who fail to see motorcycles in traffic until it is too late.

It’s not uncommon for drivers to violate motorcyclists’ right-of-way, most commonly at intersections. What’s more, a motorcyclist typically has less than two seconds to avoid an impending collision. Alcohol can also be a significant factor in motorcyclist fatalities.

WHO IS RESPONSIBLE FOR A MOTORCYCLIST’S INJURIES?

An at-fault driver is always responsible for injuries, but since motorcycles are not classified as “motor vehicles” under Michigan law, determining who is liable for an accident and responsible for payment of benefits depends on many factors. A motorcyclist who hits a deer is subject to different insurance rules than one who is injured in a crash with an automobile. This is because basic motorcycle policies do not include Personal Injury Protection (PIP) benefits.

Therefore, a motorcyclist who is injured in an accident with a car or truck is usually compensated by the No-Fault policy covering that vehicle. In some cases, the injured motorcyclist may recover PIP benefits from the policy held by the driver of the vehicle. This may apply in situations where the automobile driver has a No-Fault policy that is separate from the vehicle owner’s policy. Additionally, motorcyclists who own an automobile may receive benefits from the No-Fault policy that covers their vehicle.

In serious injury accidents, the motorcyclist may also be entitled to compensation for pain and suffering. These damages are also known as “third-party” or “non-economic” benefits. However, plaintiffs must meet stringent criteria to receive this kind of compensation. Therefore, it’s important to contact an experienced motorcycle accident attorney as soon as possible to achieve the most advantageous outcome.

WHAT KIND OF INSURANCE ARE MICHIGAN MOTORCYCLISTS REQUIRED TO HAVE?

Under Michigan law, all motorcycle owners must have a minimum amount of liability insurance. This coverage provides protection when a motorcyclist is involved in an accident where another person is injured or killed. It also covers certain costs when a motorcyclist causes damage to other people’s property.

After July 1, 2020, the minimum liability limits increased to $50,000 per person and $100,000 per accident. Like automobile owners, bikers have the option of purchasing additional liability coverage above the required minimums.

Motorcycle owners may purchase optional No-Fault insurance, also known as motorcycle PIP coverage, in $5,000 increments. This insurance only covers medical expenses.

HOW DOES THE NEW NO-FAULT LAW AFFECT MOTORCYCLE ACCIDENTS?

The “order of priority” determines which party pays for a motorcycle accident victim’s injuries. 

1. The insurer of the motor vehicle owner involved in the accident
2. The insurer of the motor vehicle operator involved in the accident
3. The No-Fault auto policy of the motorcycle operator
4. The No-Fault auto policy of the motorcycle owner (if different from the motorcycle operator)
5. The Michigan Assigned Claims Plan (MACP), which caps medical expenses at $250,000

A key change under the No-Fault law is that policy holders are able to choose their level of Personal Injury Protection (PIP) medical coverage.

Motorists can choose unlimited lifetime PIP medical coverage or lower levels of $500,000, $250,000 or $50,000 (for those on Medicaid). In addition, people with Medicare, or those enrolled in other qualified health care plans, are able to opt out of PIP medical coverage completely. 

Because of this, the injured motorcyclist’s medical benefits are limited by the PIP medical coverage chosen by the driver of the other vehicle. This is true even if the motorcyclist has purchased a policy with unlimited PIP coverage. 

This means that a motorcyclist who is seriously hurt could be left with staggering medical bills. It also means that the motorcyclist could potentially sue the automobile driver for medical expenses that exceed the policy limits.

Notably, if a driver in the order of priority has opted out of No-Fault medical, an injured motorcyclist would move to the next No-Fault policy for PIP coverage.

WHAT SHOULD I DO IF I ACCIDENTALLY HIT A MOTORCYCLIST?

After any accident, drivers (and passengers) should take certain steps and avoid other missteps.

What to do after an accident:

• If anyone is injured, call for an ambulance.
• Call the police and move your car to a nearby spot away from the traffic flow.
• Take photos of the scene, including the motorcycles and any other vehicles that were involved.
• Exchange information with the motorcyclists and any other drivers.
• Get contact information for all passengers and witnesses.
• Contact an experienced motorcycle accident lawyer as soon as possible.

What not to do after an accident:

• Don’t leave the scene of the accident.
• Don’t admit fault or talk about how the accident happened with the police, the motorcyclist or other driver(s) or passengers.
• Don’t discuss your injuries or those of your passengers.
• Don’t sign anything, including papers from your own insurance company or that of the other driver.

If you have been involved in a motorcycle accident, our knowledgeable legal team is ready to help you win the compensation you deserve.

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